With a swell in the real estate sector and property becoming the most preferred form of investment, the number of grievances of home buyers against unscrupulous practices of real estate builders and agents has also skyrocketed. The more people put their trust in the real estate industry, the more disputes against builders proliferate. This see-saw between the surge in real estate property across the country and the cases of homebuyers facing fraud at the hands of builders has led to a central mechanism to deal with the real estate disputes. The Real Estate (Regulation and Development) Act, 2016 (RERA) is one of the landmark and contemporary laws in India that was enacted solely to regulate the activities of the builders and ensure that the interest of home buyers is protected.

RERA Act, 2016 has been implemented with the vision to bring transparency and accountability in the real estate sector and provide a grievance redressal mechanism for home buyers to bring builders to justice. Under the real estate laws and rules laid down through the enactment of RERA and the State RERA rules, home buyers can file a complaint with the Authority established under the Act against a builder for contravention of the RERA provisions.

Complaint Under RERA

The basic step of any legal complaint is to inform the other side about the grievance faced- through a legal notice. The home buyer is first required to send a legal notice to the builder stating the grievance faced and asking for a timely resolution for the same. The norm is to send a legal notice to the builder giving them a period of 30 days to resolve the dispute. Upon failure or partial adherence, the home buyer can knock the doors of the State RERA Authority to bring the builder to justice and get fair compensation for their grievance.

The RERA laws prescribe the grounds on which a home buyer can take a legal action against a builder stated as follows:

When the builder delays the delivery of property possession.

When the builder fails to comply with the real estate laws and rules.

When the builder uses substandard quality of construction material and there is some deficiency in the property.

If there is any change in the structural plans of the property implemented by the builder without prior approval from the buyer.

When the builder fails to comply with the local laws and starts construction without obtaining relevant permissions.

When the builder fails to obtain the Completion Certificate or the Occupancy Certificate.

If the builder has created a third-party interest in the property, i.e. sold the same property to another buyer.

If the builder has cancelled the buyer’s booking or halted the property construction for no substantial reason.

Once a valid ground to file a RERA complaint against the builder is established, a complaint can be easily filed. The RERA complaint procedure begins with the property lawyer drafting the complaint application to be submitted with the RERA Authority. The complaint is drafted in the RERA application format prescribed under the State rules where the property is situated. Indian states that have notified their RERA rules have their own RERA Authorities, for instance, MahaRERA, TNRERA, Karnataka RERA, UP RERA, Gujarat RERA, Haryana RERA and others.

The complaint and accompanying documents are filed with the RERA Authority along with the prescribed fee. After receiving the complaint, the Authority or Adjudicating officer looks into the matter, hears both the sides and takes into consideration the facts of the case and evidence submitted.

The complaint mechanism under RERA provides a legal remedy to home buyers in a whirlwind as the complaint received by the RERA Authority or Adjudicating officer needs to be disposed of within 60 days of the date on which such complaint was submitted. In case the complaint is not disposed of in 60 days, the reason for the delay needs to be mentioned by the RERA Authority.

Order of the RERA Authority

The RERA Authority may award the following remedies to the home buyer:

Allow cancellation of the booking.

Award refund of the amount paid to the builder along with interest.

Order timely delivery of possession by giving a date to the builder.

Award any other compensation for the damages suffered by the builder.

Appeal against RERA Authority’s Decision

An appeal can be filed against RERA Authority’s decision within 60 days of communication of the order. The appeal is filed with the RERA AT or the RERA Appellate Tribunal. Further appeal from the RERA Appellate Tribunal’s decision lies with the High Court of the State in which the property is located.

Legistify connects you with 7000+ lawyers in India in more than 300+ cities who can help you file a complaint under RERA with ease. You can call us at 846-883-3013 or send us an email at contact@legistify.com to file your RERA complaint against the builder.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!

Related Posts

Read Our Blogs on Similar Topics

By Shivi Gupta / 30 Jan 2019
Legistify has jotted down the 6 key pointers to remember when you prepare to file a complaint under RERA against your builder for claiming compensation from the builder for delay in possession.» Read More

By Advocate Piyush Singh / 22 Jul 2016
The Real Estate (Regulation and Development) Act, 2016 seeks to protect the interest of the allottees/purchasers by promoting transparency, accountability and efficiency in the construction and execution of real estate projects by promoters. It also holds the promoters accountable for not registering their projects with the Real Estate Regulatory Authority (Regulatory Authority) or for providing insufficient information regarding their project.» Read More

By Shivi Gupta / 21 Jan 2019
Any person who has some interest in the project can file a complaint in MahaRERA against the builder for delay in flat possession, extra money charged by builder, etc. Complaint in MahaRERA can be filed with the help of a good RERA lawyer.» Read More

By Shivi Gupta / 05 Sep 2018
A builder-buyer agreement lays down the terms on which the homebuyer purchases some property from a builder. The buyer-builder agreement must be drafted by a good documentation lawyer to protect the homebuyer from fraudulent builders.» Read More

Most Consulted RERA Advocates

Choose from our most consulted lawyers across India and get instant legal advice.

Advocate Ashish Mittal is a Jodhpur based lawyer and has been practising law since 2017. He has been providing legal and advisory services as an independent lawyer. Advocate Ashish Mittal got enrolled with the Bar Council in the year 2017.
He has acquired his legal education from Jain Narain Vyas University and holds extensive experience in working in the most complex areas of Criminal Matters, Civil Matters, RERA, Property Real Estate Law, Corporate and General Legal. He holds experience in efficiently handling varied cases and often makes appearances in the Rajasthan High Court.
He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate Ashish Mittal is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.

Advocate Devansh Bharadwaj holds expertise in divorce cases, family disputes, consumer protection cases and armed forces tribunal related matters. He has also appealed before the State government on multiple occasions. He is also a member of the Awadh Court Bar Association.
He has been practicing judiciously and serving the legal fraternity in District Court Lucknow, Armed Forces Tribunal (AFT) Lucknow and Lucknow Bench of Allahabad High Court for more than 12 years.
Advocate Devansh Bharadwaj is a respected advocate holding vast year of experiences in dealing with legal matters. He has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired many years of professional experience in providing legal consultancy and advisory services. His approach to all his clients is in providing practical and legal solutions to all their cases.

Advocate Harsh Vardhan is a Delhi based lawyer and has been practising law since 2015. He has been providing legal and advisory services as an independent lawyer. Advocate Harsh Vardhan got enrolled with the Bar Council in the year 2015.
He has acquired his legal education from Campus Law Centre Delhi University and holds extensive experience in working in the most complex areas of RERA, Consumer Protection, Arbitration, Recovery Suits, Cheque Bounce, Insolvency and Bankruptcy and Debt Recovery. He holds experience in efficiently handling varied cases and often makes appearances across Supreme Court of India, Delhi High Court, District Courts Delhi NCR, National Commission (NCDRC), National Company Law Tribunal (NCLT), Debts Recovery Tribunal (DRT) Delhi and RERA.
He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate Harsh Vardhan is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.

Advocate Pradeep Tyagi is a Greater Noida based lawyer and has been practising law since 2004. He has been providing legal and advisory services as an independent lawyer. Advocate Pradeep Tyagi got enrolled with the Bar Council in the year 2004.
He holds extensive experience in working in the most complex areas of Family Law, Criminal Defence, Consumer Protection, Cheque Bounce, RERA, Property Real Estate Law, Default or Fraud, General Legal and Traffic Violations. He holds experience in efficiently handling varied cases and often makes appearances across Dwarka District Court, District Court Gautambuddha Nagar, District Court Ghaziabad, District Court Gurgaon, Karkardooma District Court, Patiala House District Court, Rohini District Court, Saket District Court, Greater Noida District Court and Tis Hazari District Court.
He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate Pradeep Tyagi is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.

Advocate Ali Ahmad practices at High Court Lucknow. He was enrolled with the Bar Council of Lucknow in 2011. He is a member of the District Court Bar Association of Lucknow.
His practice areas are civil laws such as family law, consumer cases, landlord-tenant matters, revenue related matters, matrimonial related matters and also in criminal laws and also drafting and vetting of various agreements and documents.
He has got 7+ year experience in the providing legal services. He works judiciously with the clients to provide them legal assistant. He is intricately acquainted with the Indian legal system and uses that knowledge along with his work-oriented approach to yield satisfying results for his clients in every case.

Advocate Akash Gupta is a Gurgaon based lawyer and has been practising law since 2008. He has been providing legal and advisory services as an independent lawyer. Advocate Akash Gupta got enrolled with the Bar Council in the year 2008.
He has acquired his legal education from Maharshi Dayanand University and holds extensive experience in working in the most complex areas of Civil Litigation, Criminal Defence, Consumer Protection, Documents Registration, Property Matters, Cheque Bounce and General Legal. He holds experience in efficiently handling varied cases and often makes appearances across Delhi High Court, various District Courts of NCR, National Commission (NCDRC), State Consumer Disputes Redressal Commission Delhi, RERA and Debts Recovery Tribunal (DRT) Delhi.
He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate Akash Gupta is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.

Top Consulted RERA Advocates

Advocate Ashish Mittal is a Jodhpur based lawyer and has been practising law since 2017. He has been providing legal and advisory services as an independent lawyer. Advocate Ashish Mittal got enrolled with the Bar Council in the year 2017.
He has acquired his legal education from Jain Narain Vyas University and holds extensive experience in working in the most complex areas of Criminal Matters, Civil Matters, RERA, Property Real Estate Law, Corporate and General Legal. He holds experience in efficiently handling varied cases and often makes appearances in the Rajasthan High Court.
He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate Ashish Mittal is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.

Advocate Devansh Bharadwaj holds expertise in divorce cases, family disputes, consumer protection cases and armed forces tribunal related matters. He has also appealed before the State government on multiple occasions. He is also a member of the Awadh Court Bar Association.
He has been practicing judiciously and serving the legal fraternity in District Court Lucknow, Armed Forces Tribunal (AFT) Lucknow and Lucknow Bench of Allahabad High Court for more than 12 years.
Advocate Devansh Bharadwaj is a respected advocate holding vast year of experiences in dealing with legal matters. He has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired many years of professional experience in providing legal consultancy and advisory services. His approach to all his clients is in providing practical and legal solutions to all their cases.

Advocate Harsh Vardhan is a Delhi based lawyer and has been practising law since 2015. He has been providing legal and advisory services as an independent lawyer. Advocate Harsh Vardhan got enrolled with the Bar Council in the year 2015.
He has acquired his legal education from Campus Law Centre Delhi University and holds extensive experience in working in the most complex areas of RERA, Consumer Protection, Arbitration, Recovery Suits, Cheque Bounce, Insolvency and Bankruptcy and Debt Recovery. He holds experience in efficiently handling varied cases and often makes appearances across Supreme Court of India, Delhi High Court, District Courts Delhi NCR, National Commission (NCDRC), National Company Law Tribunal (NCLT), Debts Recovery Tribunal (DRT) Delhi and RERA.
He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate Harsh Vardhan is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.

Advocate Pradeep Tyagi is a Greater Noida based lawyer and has been practising law since 2004. He has been providing legal and advisory services as an independent lawyer. Advocate Pradeep Tyagi got enrolled with the Bar Council in the year 2004.
He holds extensive experience in working in the most complex areas of Family Law, Criminal Defence, Consumer Protection, Cheque Bounce, RERA, Property Real Estate Law, Default or Fraud, General Legal and Traffic Violations. He holds experience in efficiently handling varied cases and often makes appearances across Dwarka District Court, District Court Gautambuddha Nagar, District Court Ghaziabad, District Court Gurgaon, Karkardooma District Court, Patiala House District Court, Rohini District Court, Saket District Court, Greater Noida District Court and Tis Hazari District Court.
He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate Pradeep Tyagi is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.

Advocate Ali Ahmad practices at High Court Lucknow. He was enrolled with the Bar Council of Lucknow in 2011. He is a member of the District Court Bar Association of Lucknow.
His practice areas are civil laws such as family law, consumer cases, landlord-tenant matters, revenue related matters, matrimonial related matters and also in criminal laws and also drafting and vetting of various agreements and documents.
He has got 7+ year experience in the providing legal services. He works judiciously with the clients to provide them legal assistant. He is intricately acquainted with the Indian legal system and uses that knowledge along with his work-oriented approach to yield satisfying results for his clients in every case.

Advocate Akash Gupta is a Gurgaon based lawyer and has been practising law since 2008. He has been providing legal and advisory services as an independent lawyer. Advocate Akash Gupta got enrolled with the Bar Council in the year 2008.
He has acquired his legal education from Maharshi Dayanand University and holds extensive experience in working in the most complex areas of Civil Litigation, Criminal Defence, Consumer Protection, Documents Registration, Property Matters, Cheque Bounce and General Legal. He holds experience in efficiently handling varied cases and often makes appearances across Delhi High Court, various District Courts of NCR, National Commission (NCDRC), State Consumer Disputes Redressal Commission Delhi, RERA and Debts Recovery Tribunal (DRT) Delhi.
He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate Akash Gupta is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.

Top Legal RERA Queries

I have not received my flat’s possession in a co-operative society for 6-7 years. They had wrongly charged me with escalation charges and other penalties for no reasons stated in the demand letter. I have filed a complaint in RERA and I failed to appear on the first date as in U.P. I live in Lucknow and my matter is before Bareli Development Authority. So I could not travel due to personal reasons. My query is how do I dismiss my matter in RERA and file the same in State Commission?

I had paid some booking amount to a builder the plot. Due to some reason, I had to cancel our booking and after multiple follow ups, builder refunded some amount. Inspite of several follow ups, the builder is not refunding the remaining amount. He had also sent emails about the time line for refunding the remaining amount along with interest but when the date comes, he again delays it. Can a case be filed in RERA against the builder?

I purchased two flats in Greater Noida. The project is registered with UP RERA and the builder is not doing any construction work and possession date has already crossed. My current residence is in Delhi. Can I file a complaint against Builder in UP RERA, with the hearing in Delhi?

I booked my flat in May 2013. I haven't gotten possession of my flat so far whereas it's completion date was March 2017 according to the agreement. I have filed suit in RERA. How much maximum compensation can I get from RERA and in which clause it is mentioned?

I booked a flat in Mumbai in pre-launch offer in February 2014. After 2 years of wait, it was evident that the project will never start in near future. So we started regular visits to builders office for refund our 20% paid amount in April 2016. As the builder was not agreeing to pay back the money, he offered transfer of money to his another project which is already 71% completed as per him & bank. So we got transferred and the registration was done in June 2016. Proposed completion date was given 2019 July. But from last 2 years I haven't received any demand letter from builder. I am presently paying interest to bank. And as per RERA website, possession mentioned is September 2020 with only 44% work done of the project. Now in this scenario please advise a legal action available under RERA to get our money refunded. As work is stopped from last 2 years it's not even possible to get possession before 2021.

Copyright 2019 Legistify Services Private Limited. Legistify provides information and software only.
Legistify is not a "lawyer referral service" and does not provide legal advice or participate in any legal
representation. Legistify is not a law firm or a substitute for an attorney or law firm. Use of Legistify is
subject to our Terms of Service.